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The tumultuous events of the past year have highlighted the First Amendments vital role as a pillar of American democracy. They have also underscored the need for vigilance in defending it.

Journalists coverage of these events the pandemic, the nationwide protests denouncing police killings of Black Americans and supporting racial justice, and the bitterly contested presidential election and its aftermath has put renewed focus on the protection of freedom of the press.

Attacks by law enforcement on protesters and journalists have brought to prominence two other First Amendment protections: freedom of speech and the right to peaceably assemble. Freedom of speech is also at the center of ongoing debates over controversial speakers on college campuses and the role of social media companies in limiting or blocking hate speech and disinformation on their platforms.

Now, the initial amendment to the U.S. Constitution is being tested on multiple fronts:

Because of these and other factors, understanding the First Amendments role in protecting key freedoms is now especially important.

Expression by speakers across the ideological spectrum is facing actual or threatened suppression by not only government officials, but also other powerful societal forces, from tech giants to social media mobs, Nadine Strossen, an expert on constitutional law and a former president of the American Civil Liberties Union, told me. No matter who we are, no matter what we believe, we all have a stake in ensuring meaningful free speech for everyone.

This starts with knowing the rights and freedoms that the amendment protects. A 2019 survey by the Freedom Forum Institute found that only 1% of Americans could name all five: freedom of speech, freedom of the press, freedom of religion, the right to peaceably assemble and the right to petition the government for a redress of grievances. More than a quarter (29%) could not name a single one.

Asked about the First Amendments language at her Supreme Court confirmation hearing last year, even Amy Coney Barrett nominated to fill the seat long held by Ruth Bader Ginsburg was unable to cite the right to petition the government.

It extends to knowing what the amendment covers and what it does not.

The First Amendment is frequently invoked in discussions of online speech. While it states that Congress shall make no law that infringes on the protections it cites, it says nothing about private companies, such as Facebook or Twitter, curating content on their platforms and restricting speech that they deem harmful.

As a result, support for it should never be taken for granted.

The future of the First Amendment seems uncertain. So does the underlying reality of public opinion in this area and its trajectory moving forward. That was the conclusion of High School Student Views of the First Amendment, a 2019 report commissioned by the John S. and James L. Knight Foundation that summarized the findings of seven national surveys of U.S. high school students from 2004 to 2018. A Knight survey of college students, published in 2020, found that students today are less inclined than their recent predecessors to view First Amendment freedoms as secure in society.

Why? Heres one reason: Court decisions that are often the most important for example, whether displaying a swastika is a form of free speech or whether speakers should be permitted to share offensive views on college campuses may be challenging for many to understand.

This makes it imperative that the First Amendment be taught in schools as the bedrock of the countrys commitment to individual rights and responsibilities and a core part of civics education.

As Strossen told me, The only secure protection for free speech is a public that understands its importance and therefore defends it.

TheNews Literacy Project, a nonpartisan national education nonprofit, provides programs and resources for educators and the public to teach, learn and share the abilities needed to be smart, active consumers of news and information and equal and engaged participants in a democracy.

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Opinion: The past year has underscored the need for vigilance in defending the First Amendment - Poynter

Texas Attorney General Ken Paxton has unblocked on Twitter the nine Texans who sued him after they say they were unconstitutionally blocked for criticizing him or his policies on the social media platform.

In a lawsuit filed in April, a group of Texans said being blocked from viewing Paxtons tweets from his @KenPaxtonTX account was a violation of the First Amendment because it limited the rights of people to participate in a public forum and access statements made by the public official.

READ ALSO: Ken Paxton says he doesn't support Greg Abbott for reelection - then tweets that he does

The ACLU of Texas and the Knight First Amendment Institute at Columbia University represented the Texans in their lawsuit. According to their statements from a Thursday press release, Paxton has unblocked the nine Texans in the ongoing lawsuit challenging Paxtons practice of blocking critics from his Twitter account.

Paxton has also blocked many other individuals from the @KenPaxtonTX account based on their viewpoints, according to the lawsuit. The plaintiffs had asked Paxton to unblock them and everyone else who was blocked from the @KenPaxtonTX account based on their viewpoints, but its unclear if people not named in the lawsuit have been unblocked.

Lyndsey Wajert, a legal fellow with the Knight First Amendment Institute, said while Paxton has unblocked the nine Texans, the case has not been dismissed.

Paxtons office did not immediately respond to a request for comment.

Katie Fallow, a senior staff attorney at the Knight First Amendment Institute, said multiple courts have recognized that government officials who use their social media accounts for official purposes violate the First Amendment if they block people from those accounts on the basis of their viewpoints.

READ ALSO: Twitter sues Texas AG Ken Paxton, asks court to halt his investigation

Were pleased that attorney general Paxton has agreed to unblock our plaintiffs in this lawsuit and are hopeful that he will do the same for anyone else he has blocked from his Twitter account simply because he doesnt like what they have to say, Fallow said in a statement.

Kate Huddleston, attorney for the ACLU of Texas, said the ruling is a step in the right direction, but it remains to be seen whether Paxton will unblock other Texans. She said it shouldn't take a lawsuit for Paxton to comply with the Constitution.

Attorney General Paxton cannot prevent Texans from exercising their First Amendment rights, including their right to criticize his policies and qualifications in their responses to his tweets, Huddleston said in a statement.

The Texas Tribuneis a nonpartisan, nonprofit media organization that informs Texans and engages with them about public policy, politics, government and statewide issues.

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Paxton unblocks nine Texans on Twitter after lawsuit claiming he violated First Amendment rights - Chron

As a kid, I thought whatever was written in the press had to be the truth, in black and white, she wrote to Forum Communications Co., which operates newspapers, television and radio stations and specialty websites in Minnesota, North Dakota, South Dakota and Wisconsin. Today, there is more opinion presented as truth, making it harder to disseminate the truth. This has led to more separation between people.

Kathy wrote that after our company called out to readers, seeking questions and concerns about the First Amendment, freedom of speech and the news media in general.

Probably unknowingly, she summed up the focus of an FCC project that kicks off today one we hope will help readers better understand how Forum Communications and the media operate as they strive to present factual and unbiased news. Well explain the differences between news and opinion, as well as this companys reporting processes.

And above all else, we hope the series will educate readers and writers alike on the First Amendment, which guarantees freedom of speech, religion and the press, as well as the right to assemble and petition the government.

The schedule:

May 2: What is the First Amendment? What isnt the First Amendment?

May 3: The impact of the internet and social media on free speech principles.

May 4: Differences between news and opinion.

May 5: How does the reporting process work?

May 6: Craft a great letter to the editor.

May 7: Exercising First Amendment rights in the real world.

The project stems from concerns from news media and news consumers alike. Journalists are worried by what some in our industry feel is a decay of news literacy how to read the news and understand what, exactly, is being presented. As consumers are bombarded with content, the line between opinion and news begins to blur. Authenticity, verification and facts dissipate as questionable content is posted, tweeted and sent to the masses. The result, at least for some, is a growing distrust of news sources, even if news sources arent necessarily to blame for the questionable content.

Its a disturbing trend.

Consider a 2017 study conducted at the University of Illinois, which concluded that the more you know about the news media and how it works, the less likely you are to believe conspiracy theories.

Now would be an opportune time to admit that even Forum Communications image could use some work. A recent survey that polled readers throughout the companys footprint showed that 84% of respondents said neutral/unbiased news is important, but 60% said we perform well in the category.

We did much better in other relevant categories, getting a 78% score in accurate/factually correct and a 78% in credible/trustworthy. Considering attitudes toward the media these days, we consider these scores commendable yet worthy of continued focus.

We at FCC strive to present our news factually and without bias, but we realize some readers simply dont understand how the process works or, importantly, the key points of the First Amendment.

We firmly believe that to actively engage in democracy requires consideration from both sides the news media and its faithful, yet often skeptical, consumers. Trustworthy news and, yes, even opinion pieces editorials, columns and letters to the editor help us stay informed while promoting healthy dialogue and, in the end, more informed conclusions and beliefs.

And when that happens, perhaps we can grow just a smidgen closer, rather than farther apart.

Too utopian or idealistic? Is it beyond hope in an increasingly divided and angry society?

Perhaps.

But listen to Kathy.

We are supposed to be respectful of differences and tolerant of varying opinions, she wrote. The web world is allowed to edit out the truths they dont believe in. We are supposed to be respectful of differences and tolerant of varying opinions but instead we are being polarized into separate boxes.

She concluded: Find joy. Give joy.

Amen to that, Kathy.

Korrie Wenzel is publisher of the Grand Forks Herald.

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Korrie Wenzel: Trustworthy news, opinion help us stay informed - Grand Forks Herald

Recent months have shown that the phrase free speech is often misunderstood. Americans generally know about the First Amendment, but most cannot name the five freedoms it guarantees the freedoms of religion, speech, press, peaceful assembly and government petition.

Through my work with the First Amendment Museum in Augusta, Ive encountered many people who do not know how to put their First Amendment rights into real, concrete practice. Here are five examples of living your freedoms:

HOSTING A FAMILY DINNER

When I was growing up, my family sat down for dinner together every single evening. It was during those family dinners that we had our most robust, informative conversations, touching on politics, religion and everything in between. From a young age, I learned how to express myself and listen to others, in case I might learn something. And I often did.

While family dinners are less common nowadays, they represent a comforting example of lively discourse. We can learn a lot from our family members, with the tool of free speech in our toolbox.

GETTING A LIBRARY CARD

Of course, theres more to learning than just eating with the family. Even the simple act of obtaining a library card and roaming the stacks of books reinforces the pivotal role that free expression has played throughout human history. Libraries are filled with thousands of books on a wide range of topics, but that would never be possible if the writers couldnt express themselves freely.

Now, we can all reap the benefits of their speech, using it to elevate our own knowledge in many different ways.As the French philosopher Rene Descartes once said, The reading of all good books is like a conversation with the finest minds of past centuries.

USING SOCIAL MEDIA

Perhaps the most popular form of free expression today is social media. Whether youre using Facebook, Twitter or something else, technology has gifted us with unprecedented platforms, which can be used to engage with and contact millions of people around the world.

We can not only post whatever we want (for better or worse), but we can also learn from all sorts of interesting people from family and friends to influencers overseas. Even clicking send on a single tweet is an example of the First Amendment at work.

GOING TO CHURCH

While the First Amendment is most commonly associated with free speech, there are four other freedoms:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

For example, freedom of religion is what enablesmillions and millions of Americansto attend church, synagogue, mosque or other house of worship. Whatever your religion, it isAmericanfor you to be able to worship as you choose, without government interference. From Christianity to Pastafarianism, which is the worship of the Flying Spaghetti Monster (yes, its real), we all have the freedom to get in touch with the divine.

PROTESTING PEACEFULLY

The First Amendment also affords us with another freedom: The right of the people peaceably to assemble.

And Americans are living it now more than ever. Last year,as many as 26 million people joined the Black Lives Matter protests after the tragic deaths of George Floyd and other African Americans. They took to the streets, marching, mourning and advocating for change. This also happened during an election year, which saw tens of millions of Democrats and Republicans mobilize on behalf of their respective candidates.

And it was all possible because freedom includes the right to peaceably assemble. Emphasis on the word peaceably: Americans can and should assemble nonviolently, without any rioting, looting and other forms of violence.

So get out there and live your five freedoms! As Americans, the best way to show gratitude for the First Amendment is by exercising it in our daily lives.

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Commentary: How to live your First Amendment freedoms - Press Herald

Hoboken Councilman Phil Cohen said the ordinance he is cosponsoring with two other council members, the one that would prohibit elected officials from blocking constituents on social media accounts, is about the First Amendment.

The question is whether it is a little political, too.

The ordinance, which Cohen said will be introduced at the Hoboken city council meeting Wednesday, calls for a $500 fine for each person blocked by an elected official. The reason, Cohen said, is simple.

Its about the First Amendment, he told ROI-NJ. This is about social media being a town square.

When elected officials are only interested in hearing people who agree with them, thats censorship. Thats a violation of the First Amendment. And the Fourth Circuit Court of Appeals and Eighth Circuit Court of Appeals have been very clear that elected officials cannot do this on social media.

Cohen also said the ordinance is pointed specifically at a fellow councilman, Mike DeFusco.

There happens to be recent blocking activity by a councilperson that prompted this, Cohen said.

This is where the story on First Amendment rights involving social media may be better framed as one that follows the first rule of governing: All politics is local.

Cohen said DeFusco is blocking constituents who are drawing attention to a recent issue involving DeFusco renting his apartment on Airbnb during the pandemic (see story here by Hudson County View).

DeFusco, an open member of the LGBTQ community, said he was blocking people because he has been attacked for his personal life.

He calls the ordinance an overreach. He doesnt feel it will pass. And, if you want to talk First Amendment issues involving social media, DeFusco said hes happy to do so. This dispute is not about that, he said.

For starters, DeFusco who said he intends to form an exploratory committee regarding a run for mayor this fall said its a political attack.

Its also a personal one, he said.

Ive been attacked as the only out LGBTQ member of the city council and in all of Hudson County, he said. I began blocking people that attacked my partner, that attacked my family, that have made homophobic slurs to me.

This is nothing new. Its been going on since Ive been in public office for six years.

DeFusco said human rights top all.

Social media is a toxic place, he said. I am a public official, but Im also a human being. When my family is brought into the topic, Im going to take protective actions.

He estimates he has blocked 15 people the past six years, but he said thats no longer the case.

The gray area here is whether a quasi-political policy account counts toward any relevant law or relevant rulings, he said. But, out of an abundance of caution, Ive since unblocked everyone. Theres no issue.

Cohen said its important to codify what should be an understood truth.

There are elected officials who are choosing to communicate about official business on social media platforms, so that they can get their message out to the community, whatever their political interests may be, he said. And, when you put ideas into the social media marketplace, those ideas can be shut down, disagreed with argued with. Thats all fair game.

No ones requiring community leaders or elected officials to have social media accounts. But, if you have them, you shouldnt be shutting down dissent, or people who disagree with you or people you dont like.

Councilwomen Tiffanie Fisher, who said she plans to vote No should the ordinance come up, said it has little to do with the First Amendment and everything to do with political retribution.

If someone knows a politician can be fined for blocking them, they can attack them for anything they want because they know they are unable to block you. It really can be predatory at a local level.

Fisher said First Amendment issues are issues for the courts.

If someone really felt my blocking them was a violation of their First Amendment rights, then they have an avenue to file a complaint. One exists right now: The courts. This just weaponizes local politics. Thats all it does.

Cohen isnt convinced. He said politics is politics.

If youre blocked, you cant question, you cant criticize, you cant mock, you cant satirize, he said. What would America be if you couldnt make fun of your politicians? Thats as American as apple pie.

Read the original post:
In Hoboken, is fight over social media about First Amendment or weaponizing politics? - ROI-NJ.com